Industrial law (Cth) – Award - Transmission provisions - Binding to award new employer who is successor to or of the business or part of the business of employer party to dispute determined by the award - New employer granted a licence to run a radiology practice at a suburban clinic - New employer stopped providing radiographic services at the clinic and terminated the employment of the radiographers who worked there - Previous licensee of the radiology practice was an employer bound by an industrial award - Whether new employer was bound by the award - Whether new employer a successor to or of the business or part of the business of previous employer.
Constitutional law (Cth) – Powers of Commonwealth Parliament - Conciliation and arbitration - Whether s 51(xxxv) of the Constitution supports a law providing for the declaration of a common rule for an industry.
Words and phrases – "successor", "business".
Workplace Relations Act 1996 (Cth) – s 149(1)(d).
Judgment date
Case number
M299/2003
M302/2003
Before
Gleeson CJ, Kirby, Hayne, Callinan, Heydon JJ
Catchwords